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DSG08
Jun 22, 2008, 10:11 AM
Hoping for some guidance on (what I deem to be a few complicated) residency questions.

Here is the situation:

1/1/2007 until 6/10/2007. I lived in Washington State. I was working from home/from a remote office, though my head office (and majority of my team) was based in New York.

6/10/2007-7/28/2007. I lived and worked in New York State (joining the same team that I had been working with while in WA).

7/29/-8/18/07. Live in NY, but not working. On 7/28 I began an educational leave of absence -- no income, just the benefit of maintaining my existing healthcare coverage.

8/19/2007-12/31/2007. I moved to Boston, Massachusetts and began graduate school.

At the same time my wife, who had been in school 1/07-5/07, began working in NY State on 6/10/07.


Questions:
Should we both file as part year residents of New York state? I am not sure if my wife qualifies as a part year resident since all of her income was from NY (she was not working while in school).

How is residency defined? How to formally declare Boston as residency? My wife still has an apartment in New York state. Unfortunately, I didn't adjust my Tax Jurisdiction Code with all of these moves and so I had to request a new W2 from my employer.

Should my wife have filed separately to simplify things? If so, what happens now that I've already submitted the 4/15 extension as Joint?

Does the fact that my employer / team is based out of NY state mean that the income I earned while living in WA state qualifies as NY source income?

Really hoping for some help here!
Thanks so much!

Dave

MukatA
Jun 23, 2008, 12:01 AM
1. You and your wife were in Washington state from 1/1/2007 to 6/10/2007. You must file WA return as part year resident. Report all the income you earned during this period even if your employer is from NY. This income will not be reported on NY tax return.

2. After that you were in NY state. You will also file part year resident tax return and report income you eared during that period.

AtlantaTaxExpert
Jun 23, 2008, 07:56 AM
You will file returns as part-year residents for NY and MA.

During the period you lived in Washington, you owe NO taxes to NY because it is where you live and work that counts, NOT wheer the company HQs is located.

You will owe NO Washington state tax because Washington has NO state income tax.